Understanding Lis Pendens and Its Impact on Property Rights A lis pendens is a formal notice recorded with the county recorder to alert potential buyers or creditors that a lawsuit involving the title or possession of a specific piece of real estate is pending. The motion serves as a petition to the court to remove the stigma and restore the property's marketability.
Filing a Motion to Expunge Lis Pendens in California
Obtain Order Receive the judicial order mandating removal. This process becomes necessary when a pending lawsuit no longer justifies the public warning attached to the property, and the legal landscape has shifted in favor of the property owner.
This order is the legal authority for expungement. Judges look for evidence that the underlying action is terminated, or that the lis pendens was recorded in bad faith or without probable cause.
Filing a Motion to Expunge Lis Pendens in California
Essentially, the remedy is designed to rectify situations where the notice is no longer justifiable but remains on the record due to administrative inertia or strategic delay by the opposing party. It typically begins with the preparation and filing of a formal motion with the court that issued the original order.
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